
WEST VIRGINIA
7)
Enforcement: what are the penalties for violations? Criminal
or fines?
A.) Any contractor or subcontractor who wilfully and knowingly
violates any provision of this article shall be fined not less
than fifty nor more than two hundred and fifty dollars. ''21-5A-9.
Penalties for violation of article.
B.) Any skilled laborer, workman or mechanic who
is engaged in construction on a public improvement let to contract,
who is paid less than the posted fair minimum rate of wages
applicable thereto, may recover from such contractor or subcontractor
the difference between the same and the posted fair minimum
rate of wages, and in addition thereto, a penalty equal in amount
to such difference, and reasonable attorney fees. The venue
of said action shall be in the county where the work is performed:
Provided, however, That an honest mistake or error shall not
be construed as a basis for recovery under this subsection.
''21-5A-9. Penalties for violation of article.
C.) Where skilled laborers, workmen and mechanics
are employed in construction on a public improvement and their
posted rate of wages has been determined as provided by this
article, it shall be unlawful for any person, for himself or
another, to request, demand or receive, either before or after
such skilled laborers, workmen and mechanics are employed in
construction on a public improvement, that they or any one of
them pay over money or other thing of value or pay back, return,
donate, contribute or give any part or all of their said wages,
or thing of value, to any person, upon the statement, representation
or understanding that failure to comply with such request or
demand will prevent them or any one of them from procuring or
retaining employment; and any person who directly or indirectly
aids, requests or authorizes any other person to violate any
of the provisions of this section shall be guilty of a misdemeanor
and fined not less than fifty dollars and not more than two
hundred fifty dollars. ''21-5A-9. Penalties for violation of
article.
D.) The Comptroller General of the United States is further
authorized and is directed to distribute a list to all departments
of the Government giving the names of persons or firms whom
he has found to have disregarded their obligations to employees
and subcontractors. No contract shall be awarded to the persons
or firms appearing on this list or to any firm, corporation,
partnership, or association in which such persons or firms have
an interest until three years have elapsed from the date of
publication of the list containing the names of such persons
or firms. (Davis-Bacon Act)